§ 215. Social model adult day services programs. 1. Definitions. As
used in this section:

(a) "Advisory committee for the aging" shall mean the advisory
committee for the aging established pursuant to section two hundred ten
of this title.

(b) "Social adult day services" shall mean a program providing a
variety of long term care services to functionally impaired individuals,
whether due to physical or cognitive impairments, in a congregate,
community, or home setting and pursuant to a person-centered service
plan.

(c) "Designated agency" shall mean any agency which is either a unit
of county government, the city of New York, or the governing body or
council of an Indian tribal reservation, or a private not-for-profit
agency organized or existing pursuant to the not-for-profit corporation
law, which has been designated as an area agency on aging by the state
office for the aging pursuant to the federal older Americans act of
1965, as amended.

(d) "Functionally impaired" shall mean a person who needs the
assistance of another person in at least one of the following activities
of daily living: toileting, mobility, transferring, or eating; or who
needs supervision due to cognitive and/or psycho-social impairment.

(e) "Social adult day care" shall mean a program providing a variety
of comprehensive services to functionally impaired elderly persons as
defined in regulations established by the director.

2. Duties of the director. (a) The director is authorized and directed
to promulgate rules and regulations, establishing standards and
requirements with regard to the operation of all social adult day care
programs receiving funding pursuant to this article. Such standards and
requirements shall include, but not be limited to:

(1) services to be provided;

(2) admission criteria;

(3) participant cost-sharing;

(4) assessment and enrollment;

(5) staffing;

(6) monitoring and evaluation of programs; and

(7) any other standards or requirements which the director determines
to be appropriate.

(b) Rules and regulations promulgated by the director pursuant to this
subdivision shall also direct how social adult day care will be included
in the planning currently required of designated agencies.

(c) The director shall develop materials for employees and volunteers
of programs providing social adult day services or social adult day care
on the signs and symptoms of elder abuse, which shall include identity
theft. Such materials shall include, but not be limited to, ways to
discuss suspected elder abuse with seniors where abuse is suspected and
resources to which seniors may be referred for counseling, shelter, or
other assistance.

3. Funding for social adult day care programs.

(a) Beginning with amounts appropriated in the two thousand five
fiscal year, the director shall, within amounts appropriated therefor,
make grants available on a competitive basis to not-for-profit or local
government operated social adult day care programs for functionally
impaired elderly persons, with consideration of regional needs and a
broad array of models. Such grants shall equal seventy-five percent of
allowable expenditures for approved services pursuant to this section;
provided however that the director may accept certain in-kind
equivalents to comprise the required twenty-five percent match; and
provided further, in the case of providers which can demonstrate
financial need, the director may make grants of up to one hundred
percent of allowable expenditures pursuant to this section.

(b) Beginning with the first year that the annual increase in amounts
appropriated for the purposes of this section shall equal at least five
million dollars, for that increase and all increases thereafter, the
director shall distribute such increases to designated agencies for the
provision of social adult day care programs for functionally impaired
elderly persons based on a formula developed by the office which shall
consider at least the following: the number of elderly persons in the
area; and the number of functionally impaired elderly persons in the
area as determined by the office. Base funding established under
paragraph (a) of this subdivision shall continue to be distributed as
provided in paragraph (a) of this subdivision. Within the amounts
appropriated therefor, designated agencies authorized to provide social
adult day care under this section shall be eligible for reimbursement
from the state for seventy-five percent of allowable expenditures for
approved social adult day care services pursuant to this section up to a
level authorized by the director; provided however, that certain in-kind
equivalents may comprise the twenty-five percent match.

(c) The office may use up to three percent of the total of any funding
appropriated pursuant to this section for administration.

(d) The designated agency may use up to three percent of the total of
any funds provided to the designated agency pursuant to this section for
administration.

4. Funding eligibility. Funding pursuant to this section shall not be
available to social adult day care programs for services provided to
elderly persons who are eligible for or receiving comparable services to
those defined in this section pursuant to title eighteen, nineteen or
twenty of the federal social security act, or any other government
program. In addition, funding pursuant to this section shall not
supplant any existing public or private funding for social adult day
care programs.

5. Report of director. The director, after consultation with his or
her advisory committee, affected state agencies, any affected municipal
agencies and persons involved in providing social adult day care
services, shall make a report, on or before December thirty-first, two
thousand five, to the governor, the temporary president of the senate,
the speaker of the assembly, the chair of the senate standing committee
on aging and the chair of the assembly standing committee on aging on
the projected costs and benefits of establishing uniform standards and
requirements with regard to operation of social adult day care services
in the state. The report shall include the director's findings,
recommendations and estimate of the fiscal implications of regulating
social adult day care services in the state.